Tae Chool Ha v. B.H.N.V. Realty Corp.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Schneier, J.), dated July 2, 1999, which, in effect, granted its motion for summary judgment dismissing the complaint only to the extent of marking the case inactive and directing that the plaintiff would not be permitted to testify at trial unless he submitted to an examination before trial at least sixty days prior to trial.

Ordered that the order is modified by deleting the provision thereof directing that the plaintiff would not be permitted to testify at trial…